Traffic Law Experts

Driving - Other Traffic Offences

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ADLA member for - QLD

Written by
Bill Potts
Director - Criminal Lawyer


Other traffic offences - QLD
If you have been charged with Other traffic offences or are enquiring about what the law states you come to the right website!
The Law - Uninsured Vehicles
Date: 01/09/2009

What the Law states - Uninsured Vehicles

Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: 

 

(1)     A person must not drive an uninsured motor vehicle on a road or in a public place.

(2)     A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place.

 

Note that if you vehicle is uninsured it is also unregistered, for information of the consequences for having an unregistered vehicle click here.

What the Police must prove - Uninsured Vehicles

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:

1. The accused drove a vehicle or allowed another person to drive a vehicle; AND

2. That vehicle was used on road or a public space; AND

3. That vehicle was uninsured.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum Penalty - Uninsured Vehicles

The Maximum penalty - 80 penalty units

Penalty Unit = $100.00.

Which court will hear the matter - Uninsured Vehicles

This matter is an infringement of a regulation rather than an offence and will not be heard in court unless you choose to appeal the matter or you fail to pay the fine, in which case the matter will be heard in the Magistrates Court.

Possible Defences - Uninsured Vehicles

Possible defences to this offence include but are not limited to

1. The defendant did not drive the vehicle

2. The defendant drove the vehicle but not on a road or public place

3. Duress

4. Necessity i.e. there was an extraordinary emergency

5. Insanity

6. Identification i.e. not the accused

7. The vehicle was insured

8. The defendant had reasonable grounds to believe that the vehicle was insured.

Criminal Law Article written by Bill Potts (Queensland criminal defence lawyer who is experienced in Traffic Offence matters)

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